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  • Commentaries
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Texas Case Commentaries

Notice Requirements Non-Jurisdictional under Texas Tort Claims Act: University of Texas Southwestern Medical Center v. Loutzenhiser

Notice Requirements Non-Jurisdictional under Texas Tort Claims Act: University of Texas Southwestern Medical Center v. Loutzenhiser

Date: Jul 10, 2004
Notice Requirements Non-Jurisdictional under Texas Tort Claims Act: University of Texas Southwestern Medical Center v. Loutzenhiser Introduction The case of The University of Texas Southwestern...
Texas Supreme Court Clarifies 'Actual Notice' Under Tort Claims Act

Texas Supreme Court Clarifies 'Actual Notice' Under Tort Claims Act

Date: Jul 10, 2004
Texas Supreme Court Clarifies 'Actual Notice' Under Tort Claims Act Introduction In the landmark case of TEXAS DEPARTMENT OF CRIMINAL JUSTICE v. BRIAN EDWARD SIMONS, 140 S.W.3d 338 (Tex. 2004), the...
Texas Supreme Court Affirms Official Immunity for Board of Adjustment Members, Excluding Subjective Evidence in Good Faith Analysis

Texas Supreme Court Affirms Official Immunity for Board of Adjustment Members, Excluding Subjective Evidence in Good Faith Analysis

Date: Jul 10, 2004
Texas Supreme Court Affirms Official Immunity for Board of Adjustment Members, Excluding Subjective Evidence in Good Faith Analysis Introduction In the landmark case of Anne Ballantyne et al. v....
Non-Assignability of DTPA Claims Affirmed in PPG Industries, Inc. v. JMB/Houston Centers Partners Limited Partnership

Non-Assignability of DTPA Claims Affirmed in PPG Industries, Inc. v. JMB/Houston Centers Partners Limited Partnership

Date: Jul 10, 2004
Non-Assignability of DTPA Claims Affirmed in PPG Industries, Inc. v. JMB/Houston Centers Partners Limited Partnership Introduction In PPG Industries, Inc. v. JMB/Houston Centers Partners Limited...
Ordinary Mud on Man-Made Surfaces Does Not Constitute an Unreasonable Risk: M.O. Dental Lab v. Brenda Rape

Ordinary Mud on Man-Made Surfaces Does Not Constitute an Unreasonable Risk: M.O. Dental Lab v. Brenda Rape

Date: Jul 3, 2004
Ordinary Mud on Man-Made Surfaces Does Not Constitute an Unreasonable Risk: M.O. Dental Lab v. Brenda Rape Introduction The case of M.O. Dental Lab, Gerald W. Carter, Michael K. Zuber, and Lora Zuber...
Affirmation of PUC's Exclusive Jurisdiction in Utility Rate Disputes: In re Entergy Corporation

Affirmation of PUC's Exclusive Jurisdiction in Utility Rate Disputes: In re Entergy Corporation

Date: Jun 26, 2004
Affirmation of PUC's Exclusive Jurisdiction in Utility Rate Disputes: In re Entergy Corporation Introduction In re Entergy Corporation, et al. (142 S.W.3d 316) is a pivotal judgment delivered by the...
Texas Supreme Court Clarifies Waiver Standards for Special Appearances under Rule 120a

Texas Supreme Court Clarifies Waiver Standards for Special Appearances under Rule 120a

Date: Jun 26, 2004
Texas Supreme Court Clarifies Waiver Standards for Special Appearances under Rule 120a Introduction In the landmark case of Exito Electronics Company, Ltd. v. Virginia Trejo, the Texas Supreme Court...
Ford Motor Company v. Ridgway: Supreme Court of Texas Sets Rigorous Standards for Product Defect Evidence in Summary Judgment

Ford Motor Company v. Ridgway: Supreme Court of Texas Sets Rigorous Standards for Product Defect Evidence in Summary Judgment

Date: Jun 26, 2004
Ford Motor Company v. Ridgway: Supreme Court of Texas Sets Rigorous Standards for Product Defect Evidence in Summary Judgment Introduction In the landmark case Ford Motor Company v. Jack and Linda...
Inverse Condemnation and Flood Control: Supreme Court of Texas Upholds Permanent Taking in Tarrant Regional Water District v. Gragg

Inverse Condemnation and Flood Control: Supreme Court of Texas Upholds Permanent Taking in Tarrant Regional Water District v. Gragg

Date: Jun 26, 2004
Inverse Condemnation and Flood Control: Supreme Court of Texas Upholds Permanent Taking in Tarrant Regional Water District v. Gragg Introduction Tarrant Regional Water District v. Billy Harden Gragg...
City of Dallas v. Jennings: Affirming Governmental Immunity in Nuisance and Taking Claims

City of Dallas v. Jennings: Affirming Governmental Immunity in Nuisance and Taking Claims

Date: Jun 26, 2004
City of Dallas v. Jennings: Affirming Governmental Immunity in Nuisance and Taking Claims Introduction The case of City of Dallas v. James Jennings and Charlotte Jennings, 142 S.W.3d 310 (Tex. 2004),...
Cire v. Cummings: Affirming 'Death Penalty' Sanctions for Spoliation in Texas Civil Procedure

Cire v. Cummings: Affirming 'Death Penalty' Sanctions for Spoliation in Texas Civil Procedure

Date: Jun 19, 2004
Cire v. Cummings: Affirming 'Death Penalty' Sanctions for Spoliation in Texas Civil Procedure Introduction Cire v. Cummings (134 S.W.3d 835, Supreme Court of Texas, 2004) is a landmark case that...
Clarifying Dismissal for Want of Prosecution under Texas Rule of Civil Procedure 165a(1)

Clarifying Dismissal for Want of Prosecution under Texas Rule of Civil Procedure 165a(1)

Date: Jun 19, 2004
Clarifying Dismissal for Want of Prosecution under Texas Rule of Civil Procedure 165a(1) Introduction In the landmark case George Alexander d/b/a Zentner's Daughter Steakhouse v. Lynda's Boutique,...
Proximate Cause and Attenuation in Medical Negligence: Insights from IHS Cedars Treatment Center v. Mason

Proximate Cause and Attenuation in Medical Negligence: Insights from IHS Cedars Treatment Center v. Mason

Date: Jun 19, 2004
Proximate Cause and Attenuation in Medical Negligence: Insights from IHS Cedars Treatment Center v. Mason Introduction The landmark case IHS Cedars Treatment Center of DeSoto, Texas, Inc. v. Jodi...
Restricting Discovery of Insurance Policies in Mass Tort Litigation: Insights from IN RE DANA CORPORATION

Restricting Discovery of Insurance Policies in Mass Tort Litigation: Insights from IN RE DANA CORPORATION

Date: Jun 12, 2004
Restricting Discovery of Insurance Policies in Mass Tort Litigation: Insights from IN RE DANA CORPORATION Introduction IN RE DANA CORPORATION, 138 S.W.3d 298 (Tex. 2004), is a pivotal Texas Supreme...
Imposition of Fair Notice Requirements on Non-Subscriber Workers' Compensation Plans Established in Storage Processors v. Reyes

Imposition of Fair Notice Requirements on Non-Subscriber Workers' Compensation Plans Established in Storage Processors v. Reyes

Date: Jun 12, 2004
Imposition of Fair Notice Requirements on Non-Subscriber Workers' Compensation Plans Established in Storage Processors, Inc. v. Reyes Introduction The case of Storage Processors, Inc. and Leonel...
Shell Oil Company v. Mohammed Khan & Jamila Williams: Establishing Limits of Control and Liability in Independent Contractor Relationships

Shell Oil Company v. Mohammed Khan & Jamila Williams: Establishing Limits of Control and Liability in Independent Contractor Relationships

Date: Jun 12, 2004
Shell Oil Company v. Mohammed Khan & Jamila Williams: Establishing Limits of Control and Liability in Independent Contractor Relationships Introduction The case of Shell Oil Company v. Mohammed Khan...
Texas Workers' Compensation Commission v. Patient Advocates of Texas: Affirming Agency Authority in Medical Fee Guidelines

Texas Workers' Compensation Commission v. Patient Advocates of Texas: Affirming Agency Authority in Medical Fee Guidelines

Date: May 29, 2004
Texas Workers' Compensation Commission v. Patient Advocates of Texas: Affirming Agency Authority in Medical Fee Guidelines Introduction Texas Workers' Compensation Commission (TWCC), the petitioner,...
Dismissal with Prejudice on Plea to Jurisdiction Under Texas Tort Claims Act

Dismissal with Prejudice on Plea to Jurisdiction Under Texas Tort Claims Act

Date: May 29, 2004
Dismissal with Prejudice on Plea to Jurisdiction Under Texas Tort Claims Act Introduction The Supreme Court of Texas, in the case of Harris County, Texas and Carl Borchers v. Faye Sykes, Individually...
Modification of Juvenile Commitment Orders: Written Findings Not Required Under Texas Family Code

Modification of Juvenile Commitment Orders: Written Findings Not Required Under Texas Family Code

Date: May 15, 2004
Modification of Juvenile Commitment Orders: Written Findings Not Required Under Texas Family Code Introduction In the landmark case In the Matter of J.P., a Juvenile (136 S.W.3d 629), the Supreme...
Establishing Prima Facie Privilege in Discovery: Insights from In re E.I. DuPont de Nemours and Company

Establishing Prima Facie Privilege in Discovery: Insights from In re E.I. DuPont de Nemours and Company

Date: May 15, 2004
Establishing Prima Facie Privilege in Discovery: Insights from In re E.I. DuPont de Nemours and Company Introduction The case In re E.I. DuPont de Nemours and Company (136 S.W.3d 218), adjudicated by...
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